KEDAR SINGH AND OTHERS Vs. STATE

JUDGEMENT

(1.) The appellants Kedar Singh, Lallan Singh, Ram Govind Singh, Ramdeo Singh and Bhagwanta Singh, who all belong to the same family, have been convicted by the learned Sessions Judge of Jaunpur under Sec. 302 read with Sec. 149 of the Indian Penal Code for committing the murder of one Amarpal Singh on the 1st of June, 1954 at about sunset in village Khemapur, Police Station Rampur, district Jaunpur. Kedar Singh and Lallan Singh have been sentenced to death and the remaining three appellants to transportation for life. Kedar Singh and Lallan Singh have further been convicted under Sec. 148 of the Indian Penal Code and have been sentenced to two years rigorous imprisonment. Ram Govind Singh, Ram Deo Singh and Bhagwanta Singh have each been convicted under Sec. 147 of the Indian Penal Code and have been sentenced to one year's rigorous imprisonment. They have appealed against their convictions and sentences. There is also, before us, the usual reference by the learned Sessions Judge for the confirmation of the death sentences passed on Kedar Singh and Lallan Singh. It appears that the appellants along with four other persons, namely, Satya Narain Singh, Amaldar Singh, Bibunandan Singh, and Ramkhelawan Singh were sent up for trial under Secs. 148 and 302 read with Sec. 149 of the Indian Penal Code. Ram Govind Singh and Balwanta Singh were further charged with an offence under Sec. 511 read with Sec. 201 of the Indian Penal Code for having removed the dead body of Amarpal with a view to set it on fire in order to destroy the evidence of murder. The remaining accused were charged under Sec. 109 read with Secs. 511 and 201 of the Indian Penal Code for having instigated the aforesaid Ram Govind Singh and Bhagwanta Singh to remove the dead body of Amarpal with a view to burn it. It appears from the pedigree given out by P.W. Adya Singh in his statement that the accused, except Amaldar Singh and Babunandan Singh and the prosecution witnesses, except Chandar Bhan Singh and Ganpat, come out of the same family.

(2.) The case for the prosecution is that on the 1st of June, 1954 at about midday, the accused Amaldar Singh, Babunandan Singh, Lallan Singh and Kedar Singh were fishing in the pond in the village, that Amarpal Singh, deceased also happened to reach there at that time and asked the aforesaid four persons not to fish in the pond in the absence of the other persons who had a joint right to fishing in that pond, that they did not desist from their wrongful act and thereupon Amarpal Singh slapped the accused Lallan Singh, that then the accused abused Amarpal Singh and went away threatening Amarpal Singh that they would take revenge against him for his wrongful act. It is said that the same evening when Amarpal Singh, his uncle Adya, Rajkaran Singh, Hari Har Singh and Drigpal Singh Mukhia were sitting at the door of Drigpal Singh and were having a smoke, the accused Kedar Singh, Lallan Singh, Ramdeo Singh, Ramkhelawan Singh, Satya Narain Singh, Amaldar Singh, Babunandan Singh, Bhagwanta Singh and his son Ram Govinda came there, armed with lathis and spears, abused Amarpal Singh and asked him why he had assaulted Lallan Singh, that before any one could intervene, Kedar and Lallan Singh, who were armed with spears, hit Amarpal in his abdominal region as a result of which Amarpal fell down and died on the spot. It is further stated that thereafter the accused wanted to carry away the dead body of Amarpal in order to burn it, that Adya then raised an alarm shouting that the accused had killed Amarpal and were trying to take away his body, that on hearing his alarm, people of the village cam; to the scene of the occurrence and the accused ran away from there. The report was made the same night at 9:15 p.m. at police station Rampur which is at a distance of four miles from the place of occurrence.

(3.) After the report, Sri Bhagwan Singh Kapoor, Station Officer, police station, Rampur proceeded to the scene of occurrence. He found the dead body of Amarpal in the dalan of Adya on a cot. He prepared the inquest report of the dead body in the presence of the Panches and then sent it for post -mortem examination. He then proceeded to the scene of occurrence and found blood stains at two different places in front of the house of Drigpal. He scrubbed the bloodstained earth from both these places, packed and sealed them in an earthen pot. He then arrested the accused Bhagwanta Singh, Ram Govind Singh, Ramdeo Singh, Kedar Singh, Lallan Singh and Babunandan Singh and made a search of their houses, but nothing incriminating was recovered from there. The accused Ramkhelawan Singh, Satya Narain Singh and Amaldar Singh could not be found in the village and so proceedings under Secs. 87 and 88 of the Code of Criminal Procedure were taken against them. The accused Amaldar Singh and Satya Narain Singh surrendered themselves in Court on the 8th of June, 1954 and the accused Ramkhelawan Singh on the 11th of June, 1954. They were taken in custody and sent to jail. After the necessary investigation, the accused were sent up for trial.